THANKAMMA GEORGE Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner, a typist in the office of the Director, Food and Drugs Control Administration, Gujarat State, filed this petition under Art. 226 of the Constitution of India challenging the orders dated 2-9-1982 and 29-10-1982 under which seniority is assigned to her in the category of typist from 2-1-1974. The petitioner claims that she should have been given seniority in the cadre of typist from 13-10-1967 and/or 17-4-1970.

(2.) The facts of the case are that the petitioner was appointed as typist in the Food and Drugs Control Administration on 23-11-1966. Her services were terminated on 12-6-1967. Thereafter she was reappointed as typist in the office of the respondent on 18-10-1967. In exercise of the powers conferred under Art. 309 of the Constitution of India the Government of Gujarat had framed statutory rules known as Gujarat Non- Secretariat Clerks, Clerk-typists and Typists (Direct Recruitment Procedure) Rules, 1970 and published under notification dated 17-4-1970. Rule 29 of the said Rules provides for regularization of services of temporary employees in the department who were appointed without selection through the Gujarat Public Service Commission or Centr.'ised Recruitment Scheme. The condition for eligibility for consideration for regularization under the aforesaid Rule was that the concerned employee should have completed 2 years' continuous service as on 31st December 1968. Seniority of the persons who were found eligible for regularization has to be determined in the order as it has been assigned by the Committee. A resolution was also issued in this respect on 17-4-1970.

(3.) The petitioner was called for test for regularization of her services under the aforesaid provisions of Rule 29 of the Rules, 1970 and the notification dated 17-4-1970. She was declared successful and she was ordered to be continued in service under order dated 12-7-1971. The order dated 12-7-1971 was cancelled under order dated 7-2-1972 on the ground that she had not completed two years' continuous service as on 31-12-1968.